Arbitration Mediation

Arbitration Clause Enforced in Legal Malpractice Case, Even with Fee-Shifting Discovery Clause

Florida’s Third District Court of Appeal enforced an arbitration clause in a law firm’s engagement letter even though the clause also included a shifting of fees for discovery. See Annie-Sophie Gonthiez Mavroleon v. Fernando Orrego and OC Estate and Elder Law, P.A. Here is the arbitration clause which the Court …

Arbitration Mediation

Is Your Arbitration Clause “Broad” or “Narrow”? And Do You Understand Buckeye v. Cardegna? (BREA 3-2 LLC v. Hagshama)

Most clients include arbitration clauses in their contracts with the intent that any and all disputes between the parties should be resolved by arbitration. Lawyers, however, don’t always write the contract that way… even though the rules have been crystalized for about a decade. Here’s the first test whether your …

Arbitration Mediation

Can Florida Lawyers Require Arbitration In Engagement Letters? (Lemos v. Sessa)

In a divorce case, the wife’s lawyer negotiated a marital settlement agreement requiring the former husband to make lump payments that were sent to the law firm. Someone hacked into either the wife’s or the lawyer’s email account, resulting in the lawyer receiving fraudulent wiring instructions. Money was lost and …

Arbitration Mediation

Before Delegating Arbitrability to Arbitrator, Supreme Court Must Decide FAA Exclusions (New Prime, Inc. v. Oliveira)

The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …

Arbitration Mediation

“I Like Arbitration,” Says Justice Kavanaugh in His First Opinion on Arbitrability (Schein v. Archer & White)

Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …

Arbitration Mediation

Drafting Arbitration Agreement in Florida To Reference AAA or Other Arbitration Rules (Adkins v. Memorial Motors)

When drafting an arbitration agreement, a party often may want the matter to be heard by a professional arbitration panel, such as AAA or JAMS. However, from time-to-time, some of these groups have declined to hear matters governed by pre-incident arbitration waivers in consumer agreements. How do you write a …

Arbitration Mediation

Florida Courts Issue Three Arbitration-Related Opinions in November 2018

Florida cases involving disputes over the enforcement of arbitration most frequently arise out of auto sales or long term care facility contracts.  These three cases from late November 2018 fit the bill.  The topics are: waiver of the right to arbitration, parties to the agreement, and severance clauses.  Shamelessly, one …

Arbitration Mediation

Lessons from Google AdWords Arbitration Clause: Novation, Retroactive Application, Scope

Google’s arbitration and class action waiver provisions in their AdWords agreement provides some lessons for lawyers who draft contracts, particularly ones accepted online and updated via notice, as well as lawyers who litigate over enforcement of arbitration.  The recent case of Mark Trudeau and Troy Martial Arts, Inc. v. Google …

Arbitration Mediation

Florida Dispute Resolution Conference 2018: Christopher Hopkins Discusses ESI/E-Discovery for Mediators AND Cyber Security and Data Breach for Mediators

Thanks to the Florida Dispute Resolution Conference for inviting me to speak at the 2018 conference. Topics covered: 25 ESI and E-Discovery Terms for Mediators in 75 minutes and Cybersecurity and Data Breach for Mediators. You can download the presentations here and here. If you would like CME points, you …

Arbitration Mediation

Can a Company Add an Arbitration Clause to an Existing Contract that is Retro-Active?

For ongoing service agreements — which range from credit card, internet advertising, and even nursing home admissions — often there is a clause which permits one side to “update” its service terms and, in order to effect fairness, the other party may cancel the service in lieu of accepting the …

Arbitration Mediation

U.S. Supreme Court Rules on Nursing Home Arbitration

The United States Supreme Court ruled in favor of a national nursing home chain by reversing a decision by the Kentucky Supreme Court and, instead, held that persons who have broad “powers of attorney” may execute arbitration agreements even when state law grants a right to access to courts and …

Arbitration Mediation

Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means …

Arbitration Mediation

Christopher Hopkins Discusses “Use of Technology in Mediation” at Palm Beach Bar Association CLE/CME

The Palm Beach Bar Association is hosting the Alternative Dispute Resolution Committee’s annual CLE/CME, which is entitled this year, “ADR – A Help and Not a Hurdle.” The schedule and sign-up information is here. Christopher Hopkins is speaking on “Use of Technology in Mediation” regarding website, office, app, presentation, and …

Arbitration Mediation

Dea v. PH Fort Myers, LLC: Complexities of Enforcing Arbitration in Assisted Living Facility Context

The Florida Second District’s recent opinion in Estate of Dea v. PH Fort Myers, LLC et al. illustrates the complexity of enforcing arbitration in the assisted living / long term care context which requires consistent lawyering in writing arbitration clauses, admission agreements, and agreements for the sale of businesses as …

Arbitration Mediation

Christopher Hopkins to Speak at NBI “Mediation in Florida” in Fort Lauderdale

I am pleased to be one of three speakers at National Business Institute’s CLE/CME, “Mediation in Florida: Keys to Effective Settlement Negotiations.” The program is Thursday, November 10, 2016 at the Courtyard Fort Lauderdale North/Cypress Creek in Ft. Lauderdale, Florida. Lawyers and mediators can collect 8.00 hours of CLE and/or CME. …